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To: mvpel
The second amendment protects against federal infringement. There is no federal infringement in this case. The USSC will reject it (I suspect without comment).

If the second amendment were incorporated, they'd have a case. But as in US v. CRUIKSHANK, 92 U.S. 542 (1875), and others, the courts have ruled that:

"The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government ..."

The local government is bound by the state constitution in matters of gun legislation. Since the California state constitution is mute on the RKBA, legislators are free to pass any gun law they feel they can get away with without being voted out of office.

406 posted on 08/01/2004 10:03:35 PM PDT by robertpaulsen
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To: robertpaulsen
robertpaulsen said: "If the second amendment were incorporated, they'd have a case. "

One minute you are saying that the Second Amendment prohibits the federal government from disarming state militias which no longer exist.

Now you suggest that the Second Amendment could be "incorporated" and that then the Nordykes would have a case. The Nordykes are not a state militia. They are people.

409 posted on 08/01/2004 10:16:48 PM PDT by William Tell
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